Brianna Dunn Mr. Noel Political Science November 27, 2013
Jane Roe (Norma McCorvey) Plaintiff Dr. James Halford Plaintiff-Intervener Sarah Weddington and Linda Coffee Roe’s Attorneys Henry Wade (Dallas County District Attorney) Defendant
Two previous children 21 and pregnant again Lied to get abortion Signed affidavit with Dr. Halford and two lawyers Affidavit confirmed anonymity Jane Roe origination
Roe’s Argument Bill of Rights say, “A woman has the right to terminate her pregnancy. It is improper of the State to deny individuals the personal… and sexual right to privacy.’’ Fetus was never considered a person in courts. Stop Wade from enforcing Texas statutes Used Texas statutes on abortion A fetus is a person from the time of conception Statutes need to be enforced Wade’s Argument
1970: Weddington and Coffee challenge Texas statutes December 13, 1971: United States District Court for the Northern District of Texas Ruling: Favored Roe’s legal merits of the case, however did not grant injunction. Issued Texas laws barring abortion as void. Cross-appealed
Admitted to two previous arrests Wanted injunctive relief Granted declaratory relief Dismissed intervention
Fifth Circuit Court Final decision based on laws, not facts, in Roe’s favor Due Process Clause of the Fourteenth Amendment “Right to privacy, including a woman’s right to terminate a pregnancy, against state action.”
Decided to hear it since it dealt with the Constitution Two justices were not present during the first arguments Justice Harry Blackmun was ordered to write the Courts opinion May of 1972: Blackmun ordered a rearguing
October 11, 1972: case was reargued Final decision was 7-2 Blackmun delivered the Court’s opinion that favored Roe Majority: strike down Texas laws on privacy grounds
Dissenters consisted of Justices Byron White and William Rehnquist Court considered mother and her rights without thoughts of potential life No constitutional right Roe twisted legitimacy of true meaning of Fourteenth Amendment
The Court case took over 3 years to finish. Therefore, McCorvey’s child was born during the arguments. She opened the idea to abortion more. However, she is now pro-life
"Roe v. Wade (1973)." Infoplease Accessed November 14, court/cases/ar35.html. "Roe v. Wade – Case Brief Summary." Lawnix Free Case Briefs RSS. Accessed November 14, freestudents.blogspot.com